Newsletter NJ Laws by Kenneth Vercammen, Esq.: E734 VercammenLaw News

E734 VercammenLaw News

1 Jersey Shore Happy Hour August 8, 2025

2 Defendant's statements to the patrolman established his intent to operate a motor vehicle for DWI charge

3 Common hallway or area in a multiple-unit apartment building is not within the zone of privacy protected by the Fourth State v. Valerio-Guzman,

4 New Business Clients Through BarterSaves Membership

5 AUGUST 1 Jerry Garcia Day

1 August 8, 2025- Jersey Shore Happy Hour at Headliner Club in Neptune Final reminder

8/8/25 Friday at 6pm.

All recipients of the Vercammen email newsletter are invited

Co-sponsored by Vercammen Law. We especially thank friends & attorneys that have referred cases to us.

Ken Vercammen will buy a drink for all pre-registered.

Also co-sponsored by Monmouth Bar Association, Mercer Bar Association, NJ Defense Association, Lakewood Chamber of Commerce, Middlesex- Monmouth Retired Police & Fire Local 9, Edison Elks, Knights of Columbus K of C 5611 Spring Lake, Bartersaves Business Barter group several Professional organizations, & Civic groups.

Free to attend!

Co-sponsored by several Bar Associations, several Professional organizations, Chambers of Commerce & Civic groups. https://www.facebook.com/events/1446488932728022

Free to attend!

Outdoor music. Bring your friends. Pass this along. Please bring a canned food donation for St. Matthews Edison Foodbank.

Headliner is located at 1401 Route 35, Neptune NJ, 07753 with a 2^nd floor view of the Shark River.

Headliner requires attendees be submitted one day ahead. Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands. RSVP please email VercammenLaw@Njlaws.com

Must be over 21.

2 Recent cases Defendant's statements to the patrolman established his intent to operate a motor vehicle for DWI charge. State v. Dunton

Defendant appealed a conviction for driving while intoxicated following a trial de novo. Patrolman responded to a report of a disabled vehicle, where he found defendant in a parked car with signs of intoxication, including slurred speech and bloodshot eyes. Defendant failed field sobriety tests and was charged after a blood alcohol concentration test showed a level of 0.10. Defendant challenged the reasonable suspicion for the stop, proof of vehicle operation, probable cause for arrest, and the sufficiency of evidence for intoxication. The trial court found the state met its burden of proof beyond a reasonable doubt, relying on both observational evidence and BAC results, and sentenced defendant to fines, a license suspension, and the installation of an ignition interlock device.

On appeal, the court affirmed the conviction, agreeing with the trial court's factual findings. The court held that the patrolman lawfully approached defendant's vehicle under the community caretaking exception as the vehicle, which was reported disabled, was parked across several spaces with its hazard lights on, justifying the patrolman's decision to offer assistance.

The court also held that defendant's statements to the patrolman established his intent to operate a motor vehicle. However, it remanded the case for resentencing, as the trial court incorrectly applied a version of the statute requiring an ignition interlock device that was not in effect at the time of the offense. The court found no merit in defendant's other contentions and upheld the trial court's decision in all other respects. Unreported source Daily Briefing - 04-08-25

3 Common hallway or area in a multiple-unit apartment building is not within the zone of privacy protected by the Fourth State v. Valerio-Guzman

Defendant appealed the denial of his motion to suppress a handgun seized from the foyer of his apartment building. Officer responded to a shooting incident and found two females bleeding in the outside courtyard of an apartment building. A witness identified defendant as the shooter, and officer observed defendant sitting on the front steps of a building with an open door. Officers arrested defendant and saw a handgun in the building foyer through the open door. Trial court found the handgun was in plain view, officer was lawfully present and denied defendant's motion to suppress the gun. Defendant pled guilty to aggravated manslaughter, attempted murder and weapons offenses. Defendant argued the handgun was unlawfully seized without a warrant since there were no exceptions justified the warrantless search and seizure. Defendant argued the foyer was part of his home and required a warrant for the seizure.

Court affirmed, finding defendant's arrest in the courtyard gave officer the lawful opportunity to make the immediate observation of the handgun in the foyer through the open exterior door. Officer's conduct was reasonable and objective and he was not required to "close his eyes to suspicious evidence in plain view" when it was immediately apparent that the handgun was evidence related to the shooting. Court also noted that in New Jersey, it is well-established that a common hallway or area in a multiple-unit apartment building is not within the zone of privacy protected by the Fourth Amendment and the parallel provision of the New Jersey Constitution. Unreported Daily Briefing - 04-21-25

The Daily Briefing is an exclusive New Jersey State Bar Association member benefit, in partnership with the New Jersey Law Journal. Join the NJ State Bar Association for this and other benefits, plus join the NJSBA Municipal Court Section.

4 New Business Clients Through BarterSaves Membership

BY KENNETH A. VERCAMMEN, Esq.

My office received many new cases since 2000 by becoming active in professional Barter organizations especially BarterSaves previously Barter Depot. We recommend other service providers and businesses join a barter group. The Barter group refers us business clients and we negotiate legal fees directly with the potential clients. After performing legal work, we earn "Barter dollars" in lieu of actual cash payments. We then use our Barter dollars for different services. We hired a moving company to move to our house. The moving company also helped us when we moved our office in 2003. Other services we received through Barter groups included facials for my wife and sport massage for me while I was training for the marathon.

In 2013 we used our barter dollars to print our newsletters, business cards, envelopes and brochures through Itex, we went to dinner at the Cocoa Beach Pier, ordered American Flag pins to give out at Memorial Day, and running bags to give out at the Annual January Running event I am in charge. We use the limo company to drop us off at the airport. Over the years we have much of our printing done, such as T-Shirts "My attorney fights to win"

Can Coozies

Water Bottles

Stadium Cups

Band-Aid holders, pens

BARTERING is an association of professional business owners who buy and sell their goods or services with trade drafts. Trade drafts are similar to checks you now use to do your cash banking. Members trade in and out of the Barter bank acquiring new customers, and buying the things they need most... ALL ON BARTER. Barter also helps your cash flow by spending trade dollars instead of cash dollars. You must pay Federal income tax and state income tax on all fees charged. However, it is a source of new clients.

All businesses, which provide services, should join a barter group.

As indicated by Joe Prince founder of Barter Depot now BarterSaves, if every businessperson truly understood the countless values of bartering, the billion-dollar explosion in America would be even bigger than it already is. It is thus imperative to further explain this wonderful business tool. Webster's Dictionary defines barter: " To trade (e.g., goods) without the exchange of money." Think of the inner workings of barter as follows:

Suppose you're a dentist and join a barter group. You want to have some work done on your office, specifically painting and carpentry. The Barter groups' memberships includes painters and carpenters, so they refer a painter and carpenter to you, and you get them to do the job. They complete the work to your satisfaction and instead of paying them cash, they do the job on barter, in Iieu of cash or check, the painter and carpenter receive payment in full for their work through trade dollars. These trade dollars are equal to the amount of money they charged for their work. In our example, if the painter charged the dentist $500 for his work, then the painter would receive $500 in trade dollars from the barter group. He could spend that money with anyone else in the barter group. For instance, the painter might need a new brochure made so he uses his dollars to get a brochure done. If the amount for the brochure is less than $500 then he retains more trade dollars, if it exceeds $500 he is minus trade dollars.

Bartering is a valuable tool for business and pleasure. The trade dollars accumulated for your work can be used for either. It's like having a cash-less credit card available to purchase almost anything one would need, as The Barter Depot has hundreds of members in a diverse cross-section of business and services that are eager to trade products and services on barter. Simply put, barter combines the use of smart business people that remain faithful to one another.

From an economic standpoint, barter serves many important needs of these smart business people. Here are a few of them.

1) Barter brings new business to your business (Increasing cash flow, while saving you cash);

2) Barter is a great tool to cut any business's overhead by at least

10 percent:

3) Barter markets your business ( or services ) to new businesses;

4) Barter can move excess inventory

(without having to have a big sale at reduced profits).

As a businessperson, to get the most for your dollar you must constantly think BARTER. Each day, each of us has so many small needs that we take them for granted. Add these needs up cumulatively and the cost can be substantial. If however, you used your barter cash-less credit card, think of all the savings you would enjoy. Here's just a partial list of monthly potential savings:

1) When the clothes stack up, use bartering for dry cleaning

2) If it's time for that yearly dental checkup, try one of the Barter

group's fine dentists;

3) If the muffler is hanging, fix it on barter;

4) If you need your dog groomed, do you and your dog a favor and

think barter.

5) Restaurants

For further information on joining, email Kenneth Vercammen

AUGUST 1 Jerry Garcia Day is a civic and cultural event that celebrates one of the greatest rock guitarists of all time and San Francisco native son – Jerry Garcia, founding member of the Grateful Dead.

JERSEY Shore events

On August 1st, Rainbow Full of Sound Celebrates Jerry Garcia’s B-Day / The Jerry Garcia Collection by Retroactv @ The Asbury Hotel

https://www.facebook.com/share/196YWQatf2/?mibextid=wwXIfr

The Jerry Garcia Collection by Retroactv

Ages 21+

A three-hour live celebration of Jerry’s legacy not just as a musician, but as a prolific visual artist. Open bar, food, and a live band!

By Retroactv

Date and time

Friday, August 1 · 7 - 10pm EDT

Location

The Asbury Hotel

210 Fifth Avenue Asbury Park, NJ 07712

https://www.facebook.com/events/904991791712518

Cosmic Jerry Band celebrates Jerry Garcia's 83rd birthday with a special performance at Red Bank Elks Lodge 233 in Red Bank, NJ on Saturday, August 2nd. Join us outside for two long sets at 5pm-9pm (doors open at 4pm) plus enjoy the local vendors, fairy hair station, crafts, food tents, outdoor/indoor bars, beautiful vibes & more. $12 entry, all ages welcome, rain or shine!!

Splintered Sunlight fans. Friday, August 15th. 7:30 PM,

Splintered Sunlight's Seaside Heights Beach 7:30 Grateful Dead Tribute Concert primary image

Splintered Sunlight's Grateful Dead Tribute Concert